How does the Commission determine whether to grant my request to reopen?
Generally, the Commission will rely on its prior decisions and where necessary will look to the Federal Rules of Civil Procedure Rule 60(b) to determine whether an operator’s request to reopen a final penalty assessment should be granted. 27. I contested MSHA’s proposed penalty assessment within 30 days of receipt, but after hearing nothing further, I am concerned that MSHA didn’t receive my contest of the proposed penalty. What do I do? Call MSHA’s Civil Penalty Compliance Office in Arlington, Virginia immediately at (202) 693-9700 and explain the circumstances. If you have proof that you had contested the proposed assessment within 30 days of your receipt, such as a return receipt or mail tracking showing receipt, you should provide it to MSHA, and your hearing request will be processed normally. If in fact you did not send in the contest within 30 days, then see Question 24 for your options. 28. I meant to send my contest of the proposed penalty assessment to the MSHA Civil Penalty
